Russia: Government vs. Rights Groups

On the night before the “foreign agents” law came into force, unknown individuals sprayed graffiti reading, “Foreign Agent! ♥ USA” on the buildings hosting the offices of three prominent NGOs in Moscow, including Memorial.

An enduring, central feature has been the 2012 law requiring independent groups to register as “foreign agents” if they receive any foreign funding and engage in broadly defined “political activity.” In Russia, the term “foreign agent” can be interpreted by the public only as “spy” or “traitor.” To date, Russia’s Justice Ministry has designated 158 groups as “foreign agents,” courts have levied staggering fines on many groups for failing to comply with the law, and about 30 groups have shut down rather than wear the “foreign agent” label. Organizations targeted include groups that work on human rights, the environment, LGBT issues, and health issues, groups that do polling about social issues. A court forced the closure of AGORA Association, one of Russia’s leading human rights organizations , in response to a Justice Ministry suit alleging that the group violated the “foreign agents” law and carried out work beyond its mandate.

The ministry has removed its “foreign agent” tag from over 20 groups, acknowledging that they had stopped accepting foreign funding. Accordingly, as of July 21, 2017, the official list of active “foreign agents” consisted of 88 groups.

The ‘Foreign Agent’ Law

Under the 2012 law, groups must register with the Justice Ministry as “foreign agents” if they receive even a minimal amount of funding from any foreign sources, governmental or private, and engage in “political activity.” The definition of political activity under the law is so broad and vague that it effectively extends to all aspects of advocacy and human rights work. Initially, the law required all nongovernmental organizations that met these criteria to register with the ministry and to identify themselves as “foreign agents” in all their public materials, with legal consequences for failure to comply.

Russia’s human rights groups resolutely boycotted the law, calling it “unjust” and “slanderous.” In 2013, Russia’s then-federal ombudsman, Vladimir Lukin, challenged the law in Russia’s Constitutional Court. In 2014, the court upheld the law, finding that there were no legal or constitutional grounds for contending that the term “foreign agent” had negative connotations from the Soviet era and that, therefore, its use was “not intended to persecute or discredit” organizations. The court also found that the “foreign agent” designation was in line with the public interest and the interest of state sovereignty.

Two years of mounting pressure by the authorities, court proceedings, and massive fines did not succeed in forcing groups to voluntarily register as foreign agents. In May 2014 Russia’s parliament amended the “foreign agents” law to authorize the Justice Ministry to register groups as “foreign agents” without their consent.

In May 2016, parliament adopted another set of amendments to the law, expanding the controversial definition of “political activity” to include, among other things, any attempt by an independent group to influence public policy, regardless of the group’s mandate.

To date, the registry of “foreign agents” includes the following organizations:

On June 27, 2016, Russian authorities notified the head of “Women of the Don” human rights and peace building group, Valentina Cherevatenko, that they were bringing criminal proceedings against her for “malicious evasion” of legal requirements set out in the “foreign agents” law. Cherevatenko was formally charged on June 2, 2017, becoming the first Russian activist to face prosecution under the law, but the law enforcement authorities dropped the case against her several weeks later. On June 27, 2016, Russian authorities notified the head of “Women of the Don” human rights and peace building group, Valentina Cherevatenko, that they were bringing criminal proceedings against her for “malicious evasion” of legal requirements set out in the “foreign agents” law. Cherevatenko was formally charged on June 2, 2017, becoming the first Russian activist to face prosecution under the law, but the law enforcement authorities dropped the case against her several weeks later. On June 27, 2016, Russian authorities notified the head of “Women of the Don” human rights and peace building group, Valentina Cherevatenko, that they were bringing criminal proceedings against her for “malicious evasion” of legal requirements set out in the “foreign agents” law. Cherevatenko was formally charged on June 2, 2017, becoming the first Russian activist to face prosecution under the law, but the law enforcement authorities dropped the case against her several weeks later.